诚实信用原则在刑事诉讼中的适用基础探析

An Analysis of the Base of Application of Good faith in Criminal Procedure

诚实信用原则的适用范围从私法领域扩展到公法领域,并发展成为君临全法律领域的最高指导准则。刑事诉讼领域中同样存在权力与权利的平衡、司法自由裁量权的规范和约束、诉讼权利合法合理地行使等诚实信用原则的适用基础。刑事诉讼中引入诚实信用原则,有利于减少、消除刑事诉讼中权力、权利的滥用。

The principle of good faith is based on commercial economy, it balances different interests, gives full play to judicial powers and controls them, and develops to be the “emperor article”in civil law. Along with the development of market economy, the application scope of the principle of good faith requires continual extension even to public law, and becomes the supreme rules in law realm. In criminal procedure, the balance between powers and rights to control powers and to exercise rights also needs good faith.